In addition to the words and phrases defined in the Fire and Police Pension Plans General Provisions in Part 3 and for the purposes of this Tier 2, the following words and phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated by the context.
(a) Member of the Fire Department: Member of the Fire Department means a person duly and regularly appointed in the Fire Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments therein which require the serving of probationary periods but not of original emergency or temporary appointments therein, to perform duties as a firefighter for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department. Such person shall be a member of the department only until his status as such shall be terminated by reason of his retirement, resignation or discharge or for any other reason.
(b) Member of the Police Department: Member of the Police Department means a person duly and regularly appointed in the Police Department, under civil service rules and regulations or provisions of the Charter, or both, governing the making of original regular and permanent appointments therein which require the serving of probationary periods but not of original emergency or temporary appointments therein and sworn in, as provided by law, to perform duties as a police officer for the City, under whatever designation such person may be described in any salary or departmental ordinance providing salaries for the members of the department. Such person shall be a member of the department only until his status as such shall be terminated by reason of his retirement, resignation or discharge or for any other reason.
(c) System Member: System Member means a person who is a Department Member and whose pension rights and benefits are governed by this Tier 2.
(d) Qualified Surviving Spouse: Qualified Surviving Spouse means a person who is the widow or widower of a deceased System Member or Retired Member who had been married:
(1) to the System Member for at least one year prior to the date of his or her nonservice-connected death while a System Member, or
(2) to the System Member as of the date of his or her service-connected death while a System Member, or
(4) to the Retired Member as of the effective date of his or her retirement upon a service-connected disability pension pursuant to Section 1412(a).
(e) Minor Child: Minor Child means a person, but not including a person who is an illegitimate child of a deceased System Member or Retired Member who had not been legitimatized by such member, who is a legitimate child, a legitimatized child or an adopted child of such member, and who had not been adopted by a person of the same gender as such member prior to the date of his death, who is under the age of 18 years and who is not married. Such person shall be a minor child only until he shall be adopted by a person of the same gender as such member, shall attain the age of 18 years or shall marry, whichever shall be the earlier.
(f) Dependent Child: Dependent Child means a person, but not including a person who is an illegitimate child of a deceased System Member or Retired Member who had not been legitimatized by such member, who is a legitimate child, a legitimatized child or an adopted child of such member, and who had not been adopted by a person of the same gender as such member prior to the date of his death, who is not married and who, while under the age of 21 years, had become disabled, either prior or after the date of death of such member, from earning a livelihood for any cause or reason whatsoever, other than by reason of his own moral turpitude or as a result thereof. Such person shall be a dependent child only until he:
(1) shall be adopted by a person of the same gender as such member or shall marry, whichever shall be the earlier, regardless of his age at the time of the occurrence of either such event and whether or not he then is disabled from earning a livelihood; or
(2) shall attain the age of 18 years if neither of the events mentioned in this subsection had occurred prior thereto and if, at that time, he is not disabled from earning a livelihood; or
(3) shall cease to be disabled from earning a livelihood if none of the events mentioned in (1) and (2) had occurred prior thereto.
(g) Dependent Parent: Dependent Parent means a person who is a natural parent of a deceased System Member or Retired Member and to or for whom such member, during at least one year immediately preceding his death, contributed one half or more of such person’s necessary living expenses and who is unable to pay such expenses without the receipt of a pension. Such person shall be a dependent parent only until he shall be able to pay his necessary living expenses.
(h) Length of Service Pay: Length of Service Pay means any additional gross monthly pay or one twelfth of any additional gross annual pay which, by reason of length of service, shall be provided by ordinance, upon the conditions therein set forth, for the System Member’s permanent rank as of the date of the termination of his status as a Department Member.
(i) Special Pay: Special Pay means any additional gross monthly pay or one twelfth of any additional gross annual pay which, by reason of assignment to perform special duties other than hazardous duties, shall be provided by ordinance, upon the conditions therein set forth, for the System Member’s permanent rank as of the date of the termination of his status as a Department Member.
(j) Hazard Pay: Hazard Pay means any additional gross monthly pay or one twelfth of any additional gross annual pay which, by reason of assignment to perform helicopter duties, two-wheel motorcycle duties or any other hazardous duties, shall be provided by ordinance, upon the conditions therein set forth, for the System Member’s permanent rank as of the date of the termination of his status as a Department Member.
(k) Assignment Pay: Assignment Pay means any additional gross monthly pay or one twelfth of any additional gross annual pay which, by reason of assignment to perform special duties or hazardous duties, in a higher class, position, grade, code or other title than the lowest within the System Member’s permanent rank, shall be provided by ordinance, upon the conditions therein set forth, as of the date of the termination of such System Member’s status as a Department Member.
Any such assignment pay shall not be included in the sum of any System Member’s Nonservice-Connected Pension Base but hereafter shall be included in the sum of his Normal Pension Base to the same extent and upon the same conditions as any hazard pay shall be included.
The provisions of this Tier 2 wherein the words “Normal Pension Base” are used hereafter shall be construed and applied in accordance with the provisions of this subsection.
(l) Year: Year means a period of 12 months or, in aggregating partial years for purposes of determining years of service, means 365 days.
(m) Years of Service: Years of Service means and includes only those periods during or for which the System Member as a Department Member of the Fire Department or of the Police Department, or of both, and whether prior or subsequent to his becoming a System Member:
(1) did or shall receive salary, whether in full or reduced amounts thereof;
(2) did or shall receive either a service connected disability pension or a nonservice connected disability pension, whether pursuant to Tier 1 of the Charter or pursuant to this Tier 2, if he was or shall be restored to active duty as a Department Member and did or shall perform his duties as such for at least 1 year prior to again retiring or being retired pursuant to this Tier 2, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by him prior to such restoration;
(3) is or shall become entitled, under any provision of general law or ordinance of the City, to credit toward retirement for periods of military service or military leave;
(4) did or shall receive Workers’ Compensation benefits for temporary disability on account of any injury or illness arising out of and in the course of employment; and
(5) is or shall become entitled pursuant to any ordinance of the City.
In computing years of service, all partial years shall be aggregated but, after the aggregation, any remaining partial year shall be disregarded in the computation of any pension.
(n) Partial Year of Service: Partial Year of Service means any period mentioned in subsection (m) of this section which is less than 12 months.
Any partial year of service shall be calculated from the end of the member’s last completed year of service to the end of the payroll period immediately prior to the date of his retirement and shall be counted as part of a System Member’s years of service for his retirement upon a service pension hereafter granted or for a pension hereafter granted to his qualified surviving spouse, minor child or children, dependent child or children or dependent parent or parents if he hereafter shall die while upon a service pension hereafter granted or while eligible for a service pension.
Any such partial year of service, in the case of a System Member who shall have had less than 25 years of service, shall be credited in the same ratio of 2% of his Normal Pension Base as such partial year shall bear to a complete year and, in the case of a System Member who shall have had 25 years of service or more, shall be credited in the same ratio of 3% of his Normal Pension Base as such partial year shall bear to a complete year.
(o) Normal Pension Base: Normal Pension Base of any System Member means the sum of:
(1) his monthly salary;
(2) any length of service pay which he had received immediately preceding the date of his retirement or death or upon the last day he had performed duties as a Department Member;
(3) any special pay which he had received immediately preceding the date of his retirement or death or upon the last day he had performed duties as a Department Member; and
(4) any hazard pay which he had received immediately preceding the date of his retirement or death or upon the last day he had performed duties as a Department Member or, if he had not received the same at either such time but had received such pay at some time prior thereto, 10% of the hazard pay which he had received at the time of the termination of his last assignment to hazardous duties for each year in the aggregate of his assignment to any hazardous duties not exceeding, however, ten years in the aggregate.
(5) for only those System Members who completed at least 12 months service in a Deputy Chief position, which was exempt from civil service, and who did not retire in the position of Deputy Chief or Chief of Police, an additional supplement of a percentage of the difference in the amount of compensation between the Deputy Chief position and the System Member’s compensation at the time of retirement. This percentage shall be prescribed by ordinance and shall apply for each year of service in the position of Deputy Chief, not to exceed the number of years as prescribed by ordinance.
Notwithstanding any of the foregoing, if a Retired Member were to be restored to active duty as a Department Member and thereby again were to become a System Member and if he again were to retire or to be retired without having performed his duties for at least 1 year subsequent to such restoration, which year shall not include any time off from work by reason of any injury or illness which had been caused by or contributed to by any injury or illness which had been sustained or suffered by him prior to such restoration, the Normal Pension Base which shall be applicable to his later retirement shall be the Normal Pension Base which had been applicable to his previous retirement.
(p) Nonservice-Connected Pension Base: Nonservice-Connected Pension Base of any System Member means the sum of:
(1) the highest monthly salary provided, as of the date of the System Member’s retirement or death, whichever shall first occur, for a Department Member then holding the basic rank of firefighter or police officer; and
(2) the highest length of service pay provided, as of the date of the System Member’s retirement or death, whichever shall first occur, for a Department Member then holding either of the basic ranks.
(q) Monthly Salary: Monthly Salary means the gross monthly salary or 1/12 of the gross annual salary which shall be provided by ordinance for the System Member’s permanent rank as of the date of the termination of his status as a Department Member excluding, however, length of service pay, special pay and hazard pay as defined in this section.
(r) Permanent Rank: Permanent Rank means the rank or the position within the rank which shall be held, upon a permanent basis under applicable civil service rules and regulations or provisions of the Charter, or both, by the System Member immediately preceding the termination of his status as a Department Member, but does not mean any higher rank or any position within any higher rank in which the System Member then may be serving or theretofore may have served either a portion of a probationary period or pursuant to an emergency or temporary appointment.